2011 California Code
Penal Code
PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10007]
CHAPTER 8.2. Office of the Inspector General
Section 6133
(a) There is created within the Office of the Inspector General a Bureau of Independent Review (BIR), which shall be subject to the direction of the Inspector General.
(b) The BIR shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations conducted by the Department of Corrections and Rehabilitation s Office of Internal Affairs. The BIR shall also be responsible for advising the public regarding the adequacy of each investigation, and whether discipline of the subject of the investigation is warranted. The BIR shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations as needed.
(c) (1) The BIR shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The BIR shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (b). The reports shall include, but not be limited to, the following:
(A) Data on the number, type, and disposition of complaints made against correctional officers and staff.
(B) A synopsis of each matter reviewed by the BIR.
(C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the BIR s recommendations regarding the disposition in the case and when founded, the level of discipline afforded, and the degree to which the agency s authorities agreed with the BIR recommendations regarding disposition and level of discipline.
(D) The report of any settlement and whether the BIR concurred with the settlement.
(E) The extent to which any discipline was modified after imposition.
(2) The reports shall be in a form which does not identify the agency employees involved in the alleged misconduct.
(3) The reports shall be posted on the Inspector General s Web site and otherwise made available to the public upon their release to the Governor and the Legislature.
(Amended by Stats. 2009, Ch. 35, Sec. 24. Effective January 1, 2010.)
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